BJP Minister’s commercial complex on Govt land
VIVEK SHARMA
JAMMU: To create confusion over the land row involving BJP minister, the Revenue Department is relentlessly trying to distort the facts for obvious reasons.
The piece of land at Sunjwan main road, upon which a school, a college, a bank branch and mobile towers have been raised is being shown by the minister himself as Khasra No 365 min-a forest land whileas in some revenue papers it is being projected as Khasra Nos 331 min and 264 min Channi Rama. According to SVO’s Status Report, submitted to High Court, the investigating agency is still waiting for the joint demarcation report, in absence of which the enquiry cannot be finalized.
The SVO’s report says, “Scrutiny of records reveal that A G Kohli and his family members, owners of the trust/institutions, have purchased 8 Kanals of land at Khasra No. 356 after executing an Agreement to Sell with Sarfaraz Ahmed, son of Mian Bashir. Both the parties are close relatives.
The documents submitted by the trustees for obtaining permissions and NOCs from various departments are also pertaining to Khasra No. 356 and one more document submitted/placed on record pertains to Khasra No. 331 and the land has been shown as 12 Kanals and 14 Marlas, Dasti Khakas of land measuring 9 Kanals in Khasra No. 356 and 12 Kanals and 14 Marlas in Khasra No. 331 has been issued by the same authority within a period of one week.
The authenticity of Dasti Khaka pertaining to Khasra No. 331 is doubtful as there is visible over-writing at the place of Khasra No.
Further, the SVO’s Status Report says “Vide letter No. DCJ/SQ/SVO-4-2015/2015-16/2487-88 dated 14th bOctober, a report was forwarded by Deputy Commissioner, Jammu which was submitted by Tehsildar, Bahu vide his No. 1473/OQ/TB dated 3rd October, 2015.
In this report, Tehsildar, Bahu, Jammu had mentioned in the para 3 of his report that no joint demarcation exercise has been conducted by Revenue Department and Forest Department and to this extent no report is available in his office, while in the same para, he has mentioned that there is a report available regarding the demarcation of B.N College of Village Channi Rama under Khasra No. 264. The Tehsildar has also enclosed some record pertaining to this Khasra No. with the report alongwith the demarcation report submitted by two Patwaries and GQ.
The report is unauthenticated and there is no reference as to on whose directions this exercise has been conducted. The conflicting report has been brought on record and it seems that the same has been brought on record deliberately to create confusion.
The SVO’s Status Report to High Court further says, “The matter was discussed with Deputy Commissioner, Jammu in light of this misleading report and Deputy Commissioner, Jammu constituted a Special Demarcation Team with DFO Jammu as its convener alongwith other six members from Revenue Department vide Order No. 157 of DCJ 2015, dated 26th December, 2015. This team was further strengthened by including Regional Director, Land Records Jammu and others vide Order No. 157 DCJ of 2016 dated 1st January, 2016.
“The team conducted number of meetings with regard to the issue but the report is still awaited. Even the matter was brought in the notice of State Vigilance Commissioner, who has also directed Deputy Commissioner, Jammu to get the demarcation conducted in a time bound manner, but till date no report has been submitted”, the SVO’s Status Report to HC adds.
The investigation conducted so far has revealed that the owners of the institutions being run by B.N Educational Trust have submitted documents from time to time wherein, they have mentioned that the land in question is falling under Khasra No. 356/Min of Village Sunjwan and the land in question has been purchased by them from Sarfarz Ahmed (close relative) by virtue of Agreement to Sell dated 23rd January, 2002.
Further, they have placed Dasti Khaka pertaining to Khasra No. 331 on the file before President, J and K State Para Medical Council, Government Medical College, Jammu. They have nowhere mentioned Khasra No. 264 in their records.
“In light of the Court orders, the matter was taken-up with Deputy Commissioner, Jammu vide No. SSP /2016/HLP/2065/VOJ dated 12th May,2016 and also discussed with Deputy Commissioner, Jammu a number of times after the direction of Court,” says the SVO’s report.
“Further, the matter was also discussed with DFO, Jammu convenor of the team constituted for demarcation. The enquiry report could not be finalised since the demarcation report is still awaited,” the SVO concludes the status report with this remark.
The SVO’s status report also discloses that as per records submitted by Divisional Forest Officer, Demarcation Division No.1, Jammu vide letter No. 238-40/DMR dated 7th August, 2015, Khasra No. 356, comprising CO: Nos. 1,3,5 of Bahu Range is forest land. The records have duly been scrutinized by Naib Tehsildar, Girdawar and Range officer.
The matter for demarcation and report of the land in question has also been taken up with Deputy Commissioner, Jammu vide letter No. SSP/2015/HLP/3171/ VOJ Dated July 20, 2015 and the Deputy Commissioner directed Sub Divisional Magistrate, Jammu South vide Adll. Deputy Commissioner, Jammu letter No. DCJ/SO/VIJ-042015/2015-16/1505-07 dated August 10, 2015 for furnishing the desired information to the Vigilance Organisation, which was not provided, adds SVO’s report.
The matter was again taken-up with Deputy Commissioner for issuing directions to the concerned for expediting the demarcation/report vide letter No. DCJ/SQ/VOJ-04/2015/2015-16/1950-52 dated September, 14, 2015, Assistant Commissioner, Revenue, Jammu again directed the SDM, South, Jammu for providing the desired information to the Vigilance Organisation. The matter was again taken-up with Deputy Commissioner, Jammu by SSP Vigilance after visiting his office chambers, who assured that the needful will be done at earliest. However, the demarcation was not conducted neither any report was submitted by the revenue authority, discloses the SVO’s report to Court.
Regarding the permissions/NOCs issued for establishing/running of educational Institutions i.e. ETT College, B.N School and Para-Medical Training Institution the same was taken up with concerned authorities i.e. Chairman, J and K State Board of School Education, Jammu, Director, Health Services, Jammu and Commissioner, /Secretary, Health and Medical Education, J and K, Srinagar. In response the Secretary Board of School Education, Jammu vide letter No. F/ETT/Acad/B/JD/15 dated August 5,.2015 has conveyed that affiliation files of all the ETT Institutes of Jammu Division including the files of the ETT Institution have already been seized by Crime Branch, Jammu in connection with FIR 36/2013 U/S 420/468/120-B RPC etc.
The SVO report further states that the matter was taken up with Crime Branch and certain documents obtained. The scrutiny of these files has revealed that the B.N Public School, B.Ed/ETT College, B.N Para Medical School are situated in Khasra No. 356 as per the documents submitted by the management of the college for seeking various permissions/NOCs.
The status report also reveals that initially a trust deed was executed in 2001 ( Dec 14, 2001) wherein, Zarina Kohli, wife of Abdul Gani Kohli has been nominated as Chairman as Abdul Gani Kohli was in Government Service at that time.
Supplementary trust deed has been executed on 1st March, 2003 by Abdul Gani Kohli, resident of 105/6, Channi Himmat, Jammu and Mian Sirfaraz Abhmed, resident of Gandhi Nagar, Jammu. Zarina Kohli voluntarily relinquished her office in favour of Choudhary Abdul Gani Kohli as by then he had retired from government service.
The latest trust deed was executed on February 14, 2009, wherein Wasim Kohli, son of A.G Kohli has been referred as Chairman of the Trust with Noor Jahan Kohli as Trustee, Mahapara Kohli, daughter of Abdul Gani Kohli as Trustee of B.N Educational Trust, Nawabad, Sunjwan, Jammu which is running the educational institutions in the complex raised on Khasra No. 356 of Village Nowabad, Sunjwan which is forest land as per report submitted by DFO, Demarcation, Jammu.
During further enquiries, it was found that the building plan submitted by the owners to BDO Purmandal has been cleared by the then BDO, Purmandal in the year, 2002-2003 by issuing a NOC in favour of the owners. The building plan submitted to the BDO also bears Khasra No. 356, which is forest land.
The SVO’s status report states that the petitioner Advocate Ankur Sharma filed a written complainant before SVO against A.G Kohli, Minister and officers/officials of Revenue and Forest Department alleging therein that he has grabbed more than 10 Kanals of forest land comprising in Khasra No. 356/Min situated at Nowabad, Sunjwan, Jammu and has constructed a multi story building complex where from he is running Educational Institutions i.e. B.Ed/ETT College, Para-Medical Institution, B.N School and ATM of J&K Bank. He informed that he came to know regarding this encroachment through media reports particularly STATE TIMES which in its issue dated 1st June, 2015 had highlighted that A. G Kholi, the then Minister for Transport, (MLA Kalakote) had encroached/grabbed more than 10 Kanals of land.
He visited the spot after media reports and found that the story published in STATE TIMES was based on facts as these institutions were found existing on spot and the same were being owned/ possessed by A.G Kohli, who is the Chairman/Owner of the afore mentioned Institutions. He further came to know that the land is not proprietary land but a forest land comprising in Khasra No. 356/Min falling in Revenue Village Sunjwan, Jammu and thereafter he lodged the complaint, mentions the SVO’s Status Report to High Court.
